$10,000+ just spent defending the game on private property

Neighbor sued me for my son and his friends playing paintball on my 7 acre country property. Neighbor testified the noise from paintball is causing depresssion, anxiety, loss of enjoyment and use of her 1 acre property etc. etc. Kids willingly rebuilt the courses another 75 feet further from her house (courses located approx. 200 feet from her home, across a private road and through the woods...still not good enough for her.) Judge issued temporary injunction pending final hearing, forcing the boys to move another 100+ feet further into the woods, build new courses, and prohibiting them from playing paintball on over 3.6 acres of my property. However, they are able to play without restriction on the furthest 2.6 acres of my property. The neighbor has sent people onto my property to harrass the boys (encounter video recorded by the neighbor's crony unbeknownst to the boys)...resulting in a criminal tresspass conviction for the neighbor's crony (an attorney) and no other reprimands or restriction on the neighbor throughout this case. Currently awaiting judge's final decision. So the moral of the story... having a miserable single lady without kids (although she's a family counselor if you can imagine that!) can cause you great expense in litigation, even if you're safely playing on your own property, approx. two days a month, May-October, and never once hitting someone else's property. Even voluntarily moving your course 200+ feet away where its hidden through woods, might not be enough to end the litigation outside of court if you're dealing with an over-sensitive, unreasonable person. Something needs to be done to keep this constructive, age-appropriate, back yard game in a county setting where zoning or other laws do not prohibit such play, free from neighbor abuses under the guise of "noise nuisance"... at least in PA where we have such protection for target range operators. And people wonder why youth of today are such trouble.... maybe if you let them get out and enjoy such recreation without interference from meddling, irresponsible adults, we'd be better off. It sickens me. Who's looking out for the interests of the kids? Let's hope the Judge appropriately balances the interests of the kids in a game they love and play responsibly on suitably located private country property with those claims made by a troubled adult who goes to such extremes as putting others up to tresspassing and illegal electronic surveillance of the confrontation, to try to make their case in the name of private "noise nuisance"!

Smells like a job for a shovel, couple hundred lbs of cement, and that 7 acres of land you have.

That sucks, my neighbor got mad at me and my friends for playing marco polo in my pool at 11 pm. We were apparently splash too loud said the police. Its ****in marco polo you aren't supposed to splash.

We got them back though, they got drunk on new years and started lighting off roman candles at 2:30am and crap and we called the cops and got the husband arrested.

__________________Originally posted by ZiE: "I know I know, but when a butthole calls... zach must answer." Originally posted by Make_1t_Rain: "I know this is wierd but i've always wanted an eyepatch like a pirate. I think they are cool for some reason."

Should you win this case, you may be able to request that she cover your legal fees. Check with your own attorney on that one. Also, since that video was obtained illegally, it shouldn't be admissible in the decision making process. YMMV. Good luck, and let us know how it turns out!

man wear do u live everybody from pb nation should come over and play paintball with your boys and see how she likes that!! Hold a privite tourdament to help with your legal fees I would come and play just to piss her off

man wear do u live everybody from pb nation should come over and play paintball with your boys and see how she likes that!! Hold a privite tourdament to help with your legal fees I would come and play just to piss her off

Id play that tournament! Crap id dry fire all day just to piss her off. I went through this same kind of thing for YEARS when I used to ride mx. Common complaints: "Your exhaust is too loud" "Your making too much dust" "You crossed the road with a unregistered vehical, I started pushing it across roads then" "Your driving too wreckless and" "your going too fast down the county rock road" "your riding in an abandon sand quarry" "your doing donuts in the snow in a parking lot" People will complain forever man about everything because there either jelous or they see your having too much fun.

If she is claiming that she has suffered "loss of enjoyment, depression, and anxiety", then she has to prove it. Actual harm must have happened for her to be successful in those claims. Simply saying "I'm sad" isn't enough. And based on what you say about her, there are about a million other things that could be causing those symptoms.

__________________
"It is absurd to hold that a man ought to be ashamed of being unable to defend himself with his limbs, but not of being unable to defend himself with speech and reason."

This seems rather stupid for someone to be pursuing... although, have you considered going over and discussing the matter with her personally? Or has it always been a reaction to your sons playing in the back? Its reasonable for someone to be upset if paint keeps landing in your yard or hitting your house. Maybe discussing it with her first (seeking permission so to speak) would aleviate her problems and give her some feeling of control in the situation, and lead to some kind of mutual solution

If ya look he did say that nothing was hitting her property. Also he moved the courses futher away to try to appease her. It sound to me like she is just a crotchety lady who has nothing better to do than complain.

I think everyone has thought at some point or another (and in some cases it may already exist) that there should be a law that if you pursue sufficiently frivolous litigation, you should not only have the case thrown out, you should yourself be forced to pay the damages to the party you levelled the suit against.

Of course, that would mean a lot less work for the lawyers, and what are politicians? That's right, former lawyers.

You should sue her in civil court. When you win she will have to pay all of your fee's plus some. Or move here to Texas, and start walking around your property with guns on your hips. God bless Texas

i wish ny was like that

Quote:

Originally Posted by Pump Scout

Disclaimer - I am not an attorney. The following is NOT legal advice!

Should you win this case, you may be able to request that she cover your legal fees. Check with your own attorney on that one. Also, since that video was obtained illegally, it shouldn't be admissible in the decision making process. YMMV. Good luck, and let us know how it turns out!

yes you should win it just from the stand point that is was obtained by trespassing, its just like when you get pulled over a cop cannot just open your car door and look for ****, they either have to do it by a warrant or by you giving then consent. and i believe that most zoning laws state that they have to be 200 feet away. so she is fine.